And the mother doesn’t even own a car:
The prosecution and conviction this week of Raquel Nelson – a metro Atlanta mother who lost her four-year-old son to a hit-and-run driver – on the charge of vehicular homicide is one of those times.
You heard that right: According to the office of Cobb County prosecutor Barry Morgan, Nelson – who had no car at the time – committed vehicular homicide by attempting to cross a five-lane highway with her three kids to get to her apartment, after being let off the bus.
Nelson, 30 and African-American, was convicted on the charge this week by six jurors who were not her peers: All were middle-class whites, and none had ever taken a bus in metro Atlanta. In other words, none had ever been in Nelson’s shoes:
They had never taken two buses to go grocery shopping at Wal-Mart with three kids in tow. They had never missed a transfer on the way home that caused them to wait a full hour-and-a-half with tired and hungry kids for the next bus. They had never been let off at a bus stop on a five-lane speedway, with their apartment in sight across the road, and been asked to drag those three little ones an additional half-mile-plus down the road to the nearest traffic signal and back in order to get home at last.
And they had never lost control of an over-eager four-year-old as they waited on a three-foot median for a car to pass. Nor had they watched helplessly as a driver who had had “three or four” beers and two painkillers barreled toward their child.
That’s right: Because Nelson did not lug her exhausted little ones three-tenths of a mile from the bus stop to a traffic signal in order to cross five lanes of traffic, she is guilty of vehicular homicide. Because she did as her fellow bus riders, who crossed at the same time and place, and because she did what pedestrians will do every time – take the shortest reasonable path – she is guilty of vehicular homicide.
Here’s the code she was prosecuted under:
Georgia Code 40-6-393(c), reads
Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than subsection (a) of Code Section 40-6-163, subsection (b) of Code Section 40-6-270, Code Section 40-6-390 or 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death and, upon conviction thereof, shall be punished as provided in Code Section 17-10-3.
She faces 36 months. The driver, Jerry L. Guy, did six months and is out on probation.
Six months for killing a four year old boy while you were drunk and drugged up behind the wheel.
That should be a crime too.
I don’t know that this is a case of racism. I kind of doubt it. But I do think that losing your son in front of you is punishment enough.
This should never have gone to court.